Common use of Agency for Perfection Clause in Contracts

Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Agent thereof, and, promptly upon Collateral Agent’s request therefor shall deliver such Collateral to Collateral Agent or in accordance with Collateral Agent’s instructions. In addition, Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 10 contracts

Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)

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Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and the Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Agent thereof, and, promptly upon Collateral Agent’s request therefor therefore shall deliver such Collateral to Collateral Agent or in accordance with Collateral Agent’s instructions. In addition, Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 6 contracts

Samples: Financing Agreement (Danimer Scientific, Inc.), Loan and Security Agreement (EVO Transportation & Energy Services, Inc.), Financing Agreement (Model N, Inc.)

Agency for Perfection. Each Administrative Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Administrative Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Administrative Agent thereof, and, promptly upon Collateral Administrative Agent’s request therefor therefore shall deliver such Collateral to Collateral Administrative Agent or in accordance with Collateral Administrative Agent’s instructions. In addition, Collateral Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 5 contracts

Samples: Financing Agreement (Apellis Pharmaceuticals, Inc.), Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Agency for Perfection. Each Agent and each Lender hereby appoints each other the Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each the Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents Agent and the Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral the Agent thereof, and, promptly upon Collateral the Agent’s 's request therefor shall deliver such Collateral to Collateral the Agent or in accordance with Collateral the Agent’s 's instructions. In addition, Collateral the Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 3 contracts

Samples: Financing Agreement (Life Sciences Research Inc), Financing Agreement (Lakes Entertainment Inc), Financing Agreement (North Atlantic Trading Co Inc)

Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and the Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Agent thereof, and, promptly upon Collateral Agent’s 's request therefor therefore shall deliver such Collateral to Collateral Agent or in accordance with Collateral Agent’s 's instructions. In addition, Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 3 contracts

Samples: Financing Agreement (Usa Technologies Inc), Financing Agreement (Global Geophysical Services Inc), Financing Agreement (Global Geophysical Services Inc)

Agency for Perfection. Each Agent and each Lender hereby appoints each other the Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each the Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents Agent and the Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral the Agent thereof, and, promptly upon Collateral the Agent’s request therefor shall deliver such Collateral to Collateral the Agent or in accordance with Collateral the Agent’s instructions. In addition, Collateral the Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 3 contracts

Samples: Financing Agreement (Life Sciences Research Inc), Financing Agreement (Life Sciences Research Inc), Bridge Term Loan Agreement (Cenuco Inc)

Agency for Perfection. Each Agent and each the Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders the Lender as secured party. Should the Administrative Agent or any Lender obtain possession or control of any such Collateral, the Administrative Agent or such Lender shall notify the Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or in accordance with the Collateral Agent’s instructions. In addition, the Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party The Borrower by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 2 contracts

Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)

Agency for Perfection. Each Administrative Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Administrative Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Administrative Agent thereof, and, promptly upon Collateral Administrative Agent’s request therefor therefore shall deliver such Collateral to Collateral Administrative Agent or in accordance with Collateral Administrative Agent’s instructions. In addition, Collateral Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties | and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (BridgeBio Pharma, Inc.)

Agency for Perfection. Each Agent and each Lender Secured Party hereby appoints each other Agent and each other Lender Secured Party as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Agent and each Lender Secured Party hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured partySecured Parties. Should the Administrative Agent or any Lender obtain possession or control of any such Collateral, the Administrative Agent or such Lender shall notify the Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver possession or control of such Collateral to the Collateral Agent or in accordance with the Collateral Agent’s instructions. In addition, the Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (OTG EXP, Inc.)

Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Agent and each Lender Secured Party hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured partySecured Parties. Should the Administrative Agent or any Lender obtain possession or control of any such Collateral, the Administrative Agent or such Lender shall notify the Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or in accordance with the Collateral Agent’s instructions. In addition, the Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (Omega Protein Corp)

Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders Xxxxxxx as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Agent thereof, and, promptly upon Collateral Agent’s request therefor shall deliver such Collateral to Collateral Agent or in accordance with Collateral Agent’s instructions. In addition, Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Credit Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)

Agency for Perfection. Each Administrative Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Administrative Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Administrative Agent thereof, and, promptly [*] upon Collateral Administrative Agent’s request therefor therefore shall deliver such Collateral to Collateral Administrative Agent or in accordance with Collateral Administrative Agent’s instructions. In addition, Collateral Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (Fibrogen Inc)

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Agency for Perfection. Each The Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each the Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents Agent and the Lenders as secured party. Should the Administrative Agent or any Lender obtain possession or control of any such Collateral, the Administrative Agent or such Lender shall notify the Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or in accordance with the Collateral Agent’s 's instructions. In addition, the Collateral Agent shall also have the power and authority hereunder to appoint such other sub-sub agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (Milacron Inc)

Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders Secured Parties as secured party. Should Administrative any Agent or any Lender obtain possession or control of any such Collateral, Administrative such Agent or such Lender shall notify Collateral the Administrative Agent thereof, and, promptly upon Collateral the Administrative Agent’s 's request therefor shall deliver such Collateral to Collateral the Administrative Agent or in accordance with Collateral the Administrative Agent’s 's instructions. In addition, Collateral the Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.other

Appears in 1 contract

Samples: Financing Agreement (Mondee Holdings, Inc.)

Agency for Perfection. Each Administrative Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets whichthat, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Administrative Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Administrative Agent thereof, and, promptly upon Collateral Administrative Agent’s request therefor therefore shall deliver such Collateral to Collateral Administrative Agent or in accordance with Collateral Administrative Agent’s instructions. In addition, Collateral Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (Tg Therapeutics, Inc.)

Agency for Perfection. Each Administrative Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting perfection the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each Administrative Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Administrative Agent thereof, and, promptly upon Collateral Administrative Agent’s 's request therefor therefore shall deliver such Collateral to Collateral Administrative Agent or in accordance with Collateral Administrative Agent’s 's instructions. In addition, Collateral Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Agency for Perfection. Each Agent and each The Lender hereby appoints each other the Administrative Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each the Administrative Agent and each the Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents Administrative Agent and Lenders the Lender as secured party. Should Administrative Agent or any the Lender obtain possession or control of any such Collateral, Administrative Agent or such the Lender shall notify Collateral the Administrative Agent thereof, and, promptly upon Collateral the Administrative Agent’s 's request therefor shall deliver such Collateral to Collateral the Administrative Agent or in accordance with Collateral the Administrative Agent’s 's instructions. In addition, Collateral the Administrative Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Possession Credit Agreement (Cygnus Oil & Gas Corp)

Agency for Perfection. Each Agent and each Lender hereby appoints each other Agent and each other Lender as agent and bailee for the purpose of perfecting the security interests in and liens upon the Collateral in assets which, in accordance with Article 9 of the UCCUniform Commercial Code, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), and each Agent and each Lender hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents Agent and Lenders as secured party. Should Administrative Agent or any Lender obtain possession or control of any such Collateral, Administrative Agent or such Lender shall notify Collateral Agent thereof, thereof and, promptly upon Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to Collateral Agent or in accordance with Collateral Agent’s 's instructions. In addition, Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Documents. Each Loan Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Cornerworld Corp)

Agency for Perfection. Each The Collateral Agent and each Lender Purchaser hereby appoints each other Agent and each other Lender Purchaser as agent and bailee for the purpose of perfecting the security interests in and liens Liens upon the Collateral in assets which, in accordance with Article 9 of the UCC, can be perfected only by possession or control (or where the security interest of a secured party with possession or control has priority over the security interest of another secured party), ) and each the Collateral Agent and each Lender Purchaser hereby acknowledges that it holds possession of or otherwise controls any such Collateral for the benefit of the Agents and Lenders Purchasers as secured partyparties. Should Administrative Agent or any Lender Purchaser obtain possession or control of any such Collateral, Administrative Agent or such Lender Purchaser shall notify the Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or in accordance with the Collateral Agent’s instructions. In addition, the Collateral Agent shall also have the power and authority hereunder to appoint such other sub-agents as may be necessary or required under applicable state law or otherwise to perform its duties and enforce its rights with respect to the Collateral and under the Loan Transaction Documents. Each Loan Seller Party by its execution and delivery of this Agreement hereby consents to the foregoing.

Appears in 1 contract

Samples: Funding Agreement (BridgeBio Pharma, Inc.)

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